Device for delivering an implant through an annular defect in an intervertebral disc

ABSTRACT

The present invention relates generally to devices and methods for delivering medical devices, such as implants, to desired tissue sites, such as the intervertebral disc. In one aspect, an intervertebral disc repair and diagnostic device that is minimally invasive and that provides precise access to the desired site is provided. In some aspects, the device and method are adapted to deliver, position and expand implants that are initially oriented and compressed for minimally invasive, yet precise and effective implantation.

RELATED APPLICATIONS

This application claims priority under 35 U.S.C. §119(e) to U.S.Provisional Appl. No. 60/480,276, filed Jun. 20, 2003, and thisapplication is a related application of U.S. application Ser. No.10/873,074, filed Jun. 21, 2004, all herein incorporated by reference.

BACKGROUND OF THE INVENTION

1. Field of the Invention

The present invention relates generally to devices and methods fordelivering implants to an intervertebral disc. Specifically, in someembodiments, apparatus and methods for delivering implants that areoriented and compressed for minimally invasive, yet precise andeffective implantation are provided.

2. Description of the Related Art

Various implants, surgical meshes, patches, barriers, tissue scaffoldsand the like may be used to treat intervertebral discs and are known inthe art. Surgical repair meshes are used throughout the body to treatand repair damaged tissue structures such as intralinguinal hernias,herniated discs and to close iatrogenic holes and incisions as may occurelsewhere. Certain physiological environments present challenges toprecise and minimally invasive delivery.

An intervertebral disc provides a dynamic environment that produces highloads and pressures. Typically, implants designed for this environment,unless used for temporary purposes, must be capable of enduring suchconditions for long periods of time. Also, the difficulty and danger ofthe implantation procedure itself, due to the proximity of the spinalcord, limits the size and ease of placement of the implant. In light ofthe inherent limitations involved with delivery of medical devices tothe disc environment, such devices should preferably be deliveredprecisely with respect to the location of the defect.

SUMMARY OF THE INVENTION

In one embodiment of the present invention, devices and methods fordelivering implants to an intervertebral disc are provided. In apreferred embodiment, delivery methods are designed to prevent or reduceexacerbation of the existing defect or iatrogenic hole. One of skill inthe art will understand that several embodiments of the invention can beused to deliver implants, or other medical devices, to sites in the bodyother than the intervertebral disc. For example, several embodiments ofthe invention can be used to deliver medical devices (such as implants)into the heart, bladder, liver, cranium, vertebrae, femur and otherbones

In one embodiment, a method of delivering and positioning a medicaldevice (such as an implant) within an intervertebral disc is provided.In one embodiment, the method comprises providing a cannula, anadvancer, one or more expanders and an implant. The advancer is at leastpartially coupled to, slideably engaged to, or housed within thecannula. The advancer is coupled to an implant, or is operable to becoupled to an implant. The implant is operable to exhibit a compressedprofile along one or more axes. The method further comprises compressingthe implant along a first axis, and inserting the cannula into ainterverterbral disc. The method further comprises positioning thecannula in the disc such that the implant is positioned beyond theinnermost surface of the anulus, rotating the cannula or advancer,retracting the cannula, thereby initially expanding the implant,advancing one or more expanders, thereby further expanding the implant,advancing the cannula, thereby substantially completely expanding theimplant, uncoupling the implant from the advancer, and removing thecannula and the advancer from the disc. In one embodiment, the cannulaor advancer is rotated clockwise or counterclockwise to enable theimplant to be rotate in a range from about 80 degrees to about 120degrees. Preferably the implant is rotated about 90 degrees. In otherembodiments, the above steps are performed using a medical device otherthan an implant. In some embodiments, the medical device (such as animplant) is delivered to a site other than the disc. These sitesinclude, but are not limited to, the heart, cranium or femur. In oneembodiment, one or more depth stops are coupled to the cannula,advancer, or delivered as a separate component. In one embodiment, whenthe cannula is inserted into the disc, the depth stop is placed at aposition adjacent an external surface of an intervertebral disc and theimplant is delivered relative to that position.

In one embodiment, the step of compressing the implant comprises foldingthe implant. In other embodiments, compressing the implant comprisesfolding, deflating, compacting, compressing, closing or condensing theimplant, or a combination thereof.

In one embodiment, the step of expanding the implant comprises unfoldingthe implant. In other embodiments, expanding the implant comprisesunfolding, inflating, enlarging, swelling, or opening the implant, or acombination thereof.

In one embodiment, the implant is a barrier or patch. Implants suitablefor implantation according to one or more embodiments of the inventioninclude the implants described in U.S. Pat. Nos. 6,425,919, 6,482,235,and 6,508,839, all herein incorporated by reference.

In a further embodiments, one or more implants are inserted through adefect or iatrogenic hole.

In one embodiment, a method of delivering a medical device (such as animplant) within an intervertebral disc is provided. In one embodiment,the method comprises providing an implant that is capable of exhibitinga compressed profile along one or more axes, compressing the implantalong a first axis, inserting the implant within an intervertebral discalong a second axis and beyond the innermost lamella of an anuluslamella, rotating the implant about an axis perpendicular to the secondaxis; and causing or allowing the implant to transform from a compressedprofile to an expanded profile.

In another embodiment, a method of delivering a medical device (such asan implant) within an intervertebral disc comprises providing a deliverydevice having an elongate implant advancer carried within or alongsidean elongate sleeve. In one embodiment, the advancer is releaseablycoupled to an implant, wherein the implant is compressed within thesleeve at a distal end of the sleeve. The method further comprisesadvancing the distal end of the sleeve with an intervertebral disc alonga first axis, rotating the advancer, releasing the implant from thesleeve thereby decompressing the implant, and releasing the implant fromthe advancer.

In a further embodiment, a method of delivering a medical device (suchas an implant) in an intervertebral disc wherein the disc has a defector iatrogenic hole forming a void in the anulus of the disc is provided.In one embodiment, the method comprises providing a compressible implanthaving a first and second axis, compressing an implant along a firstaxis, orienting the implant to such that the short axis of thecompressed implant presents a profile the is smaller than the largestdimension of the void, inserting the implant beyond the defect oriatrogenic hole, rotating the implant clockwise or counterclockwiseabout ninety degrees, causing or allowing the implant to expand orunfold, and retracting at least a portion of the implant against aninner surface of the anulus.

In yet another embodiment, a method of delivering a medical device (suchas an implant) in an intervertebral disc along an innermost surface ofan anulus of the disc is provided. In one embodiment, the methodcomprises inserting the implant through and beyond the innermost surfaceof the anulus, retracting the implant toward the innermost surface ofthe anulus, and deflecting at least a portion of the implant against theinnermost surface of the anulus, thereby causing the implant to advancelaterally along said surface.

In yet another embodiment, a method of delivering a medical device (suchas an implant) in an intervertebral disc along an innermost surface ofan anulus of the disc is provided. In one embodiment, the methodcomprises inserting the implant within the disc and beyond the innermostsurface of the anulus, retracting the implant toward the innermostsurface of the anulus, and deflecting at least a portion of the implantagainst the innermost surface of the anulus, thereby causing the implantto advance laterally along said surface. In one embodiment, the implantis expanded. In some embodiments, the method further comprisessimultaneously retracting and deflecting the implant. In severembodiments, the method further comprises simultaneously retracting anddeflecting the implant in a synchronized manner. In a preferredembodiment, the method comprises rotating the implant.

In one embodiment of the invention, a device for delivering andpositioning an implant within an intervertebral disc is provided. In oneembodiment, the device comprises a cannula and an advancer. In oneembodiment, the cannula has a proximal end and a distal end, wherein thedistal end comprises one or more expanders operable to expand an implantpositioned beyond the innermost lamella of a disc anulus. In oneembodiment, the advancer has a proximal end and a distal end, whereinthe advancer is positioned at least partially within the cannula. Thedistal end of the advancer comprises a coupling mechanism, wherein thecoupling mechanism is coupled to the advancer and to the implant. Inanother embodiment, the expanders are not located on the cannula, butinstead coupled to the advancer. In one embodiment, the expanders arelocated on a separate instrument. In one embodiment, the devicecomprises one or more depth stops. The depth stop can be coupled to anyportion of the cannula or advancer, or can be independently delivered.In one embodiment, the depth stop is operable to limit and/or guidetravel within the intervertebral disc. In a further embodiment, thedepth stop is rotatably coupled to the cannula, thereby allowing it torotate while the depth of the cannula is maintained.

In one embodiment, the advancer is advanced through a sheath or otherconstraining means, and no cannula is used. In another embodiment, theadvancer is coupled to a constraining means at its distal end that isoperable to constrain the implant until the implant reaches the desiredsite (such as a site located beyond the innermost lamella of the anulus)

BRIEF DESCRIPTION OF THE DRAWINGS

FIGS. 1A-1C show disc anatomy. FIGS. 1A and 1B show the general anatomyof a functional spinal unit. FIG. 1A is a view of a transverse sectionof a functional spinal unit. FIG. 1B is a view of a sagittal section.FIG. 1C shows the same functional spine unit with a defect in theanulus, which may have been created iatrogenically, as in theperformance of an anulotomy, or may be naturally occurring.

FIGS. 2A-2D are front views of a delivery device and its elements inaccordance with an embodiment of the present invention.

FIGS. 3A-3E show embodiments of a delivery device. FIG. 3A is anisometric view of another delivery device in accordance with anembodiment of the present invention. FIG. 3B is an isometric view of theabove delivery device loaded with an implant folded in place at theslotted distal end of the cannula. FIG. 3C is an isometric view of theabove delivery device loaded with an implant in an unfoldedconfiguration. FIG. 3D is an isometric partial view of the distal end ofa delivery device loaded with a folded implant. FIG. 3E is across-sectional partial view of the distal end of an unloaded deliverydevice showing the implant coupling member.

FIGS. 4A-4B show aspects of the disc. FIG. 4A is a side view of afunctional spinal unit showing a defect in the posterior anulus of thedisc. FIG. 4B is a side view of a functional spinal unit showing adelivery device inserted within the disc.

FIGS. 5A-5G illustrate one method of delivering an implant according toone embodiment of the invention. FIG. 5A is an axial view of thecross-section of an intervertebral disc with a delivery device insertedwithin the disc.

FIG. 6 is an axial view of the cross-section of an intervertebral discshowing an implant situated along the posterior of the anulus andimplanted relative to a defect.

FIGS. 7A-7D show aspects of the implant. FIG. 7A shows an implantcompressible along two axes which can be used with various embodimentsof the invention. FIG. 7B is a top view (as it would be viewed along thesuperior-inferior axis of a vertebral in its implanted orientation) ofan implant and lateral extensions or stabilizers. FIG. 7C shows the sameimplant folded or compressed in an accordion like manner to facilitateloading into the cannula. FIG. 7D is an isometric view of anotherimplant suitable for use with some embodiments of the invention having aconcavity along its length and extensions.

DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENT

Several embodiments of the invention will be discussed herein throughthe demonstration of its use in the spine, with particular emphasis onintervertebral disc treatment. One of skill in the art will certainunderstand that several embodiments of the invention can be used toaccess or treat other sites in the body.

FIGS. 1A and 1B show the general anatomy of a functional spine unit. Inthis description and the following claims, the terms ‘anterior’ and‘posterior’, ‘superior’ and ‘inferior’ are defined by their standardusage in anatomy, e.g., anterior is a direction toward the front(ventral) side of the body or organ, posterior is a direction toward theback (dorsal) side of the body or organ; superior is upward (toward thehead) and inferior is lower (toward the feet).

FIG. 1A is an axial view along the transverse axis M of a vertebral bodywith the intervertebral disc 315 superior to the vertebral body. Axis Mshows the anterior (A) and posterior (P) orientation of the functionalspine unit within the anatomy. The intervertebral disc 315 contains theanulus fibrosus (AF) 310 which surrounds a central nucleus pulposus (NP)320. Also shown in this figure are the left 370 and right 370′transverse spinous processes and the posterior spinous process 380.

FIG. 1B is a sagittal section along sagittal axis N through the midlineof two adjacent vertebral bodies 350 (superior) and 350′ (inferior).Intervertebral disc space 355 is formed between the two vertebral bodiesand contains intervertebral disc 315, which supports and cushions thevertebral bodies and permits movement of the two vertebral bodies withrespect to each other and other adjacent functional spine units.

Intervertebral disc 315 is comprised of the outer AF 310, which normallysurrounds and constrains the NP 320 to be wholly within the borders ofthe intervertebral disc space. Axis M extends between the anterior (A)and posterior (P) of the functional spine unit. The vertebrae alsoinclude facet joints 360 and the superior 390 and inferior 390′ pediclethat form the neural foramen 395. The facet joints and intervertebraldisc translate motion and transfer load between the adjacent vertebralbodies. This complex biomechanical arrangement allows for flexion,extension, lateral bending, compression, and can withstand intense axialloading and bending cycles of around a million per year. The disc heightcan vary from 50% to 200% of its resting value.

FIG. 1C shows the same functional spine unit with a defect in theanulus, which may have been created iatrogenically, as in theperformance of an anulotomy, or may be naturally occurring. Such adefect can be repaired, in one embodiment, using a surgical mesh ortherapeutic mesh, or the like. In one embodiment, the mesh can beimpregnated or coated with therapeutic agents or drugs to regrow orotherwise stimulate healing or growth or ingrowth as described herein.

In one embodiment of the invention, a method and device capable ofdelivering a therapeutic implant in a minimally invasive manner isprovided. In a preferred embodiment, delivery provides accurate andprecise placement of the implant, while still being minimally invasive.In one embodiment, the implant is placed along a tissue surface in anexpanded or manipulated configuration and orientation that differs fromthe insertion configuration and orientation.

In several embodiments, methods and apparatuses for delivering surgicalmeshes, barriers, patches, or the like, for treatment or augmentation oftissues within pathologic spinal discs and other structures areprovided. In one embodiment, a dynamic and synergistic delivery methodand device that allow for an integrated re-orientation, expansion anddelivery of an implant in a confined and limiting environment isprovided.

According to one embodiment, an instrument designed to assist in thedelivery and positioning of a implant within or adjacent to the varioustissues generic to intervertebral disc, including the vertebral bodiesand their endplates, the anulus fibrosis, the nucleus pulposus, and thesurrounding ligaments, is provided.

One advantage of several embodiments of the invention are particularlyadvantageous because, in some indications, a practitioner has to deliveran implant or other medical device that has a complicated configuration.For example, some implants have one or more dimensions in theirimplanted or deployed state that make it difficult or impossible toinsert due, for example, to physiological size or geometricalconstraints. Such implants may have a second dimension which is alsolarger than the allowed dimensions available for insertion. For example,the height of the implant may be greater than the height of the openingor anulotomy or the height of the space between the adjacent endplatesat their. Further, the length of some implants may also be larger thanthe width anulotomy.

In one embodiment, an instrument and method that can effectively delivermedical devices to a desired site is provided. The method isparticularly advantageous for delivering medical devices havingchallenging configurations. In one embodiment, the method comprisesfirst inserting the implant rotated relative to the limiting dimensionto achieve a diminished or compatible profile and then rotating theimplant back to the desired orientation and expanded during finalpositioning. In a preferred embodiment, this method is accomplishedusing a single instrument. Other embodiments comprise using two or morecompatible instruments.

In one embodiment of the invention, a delivery device comprising acannula, a proximal end and a distal end is provided. In one embodiment,the elongated, hollow cannula or sleeve has a proximal end for handlingby a physician and a distal end for inserting within a patient isprovided. The distal end of the cannula can be dimensioned to fit withina small anulotomy as might be created by a surgeon or through anaturally occurring hole or lesion in the anulus.

In a further embodiment, an implant guide or advancer is carried withinthe cannula or sleeve. In one embodiment, the guide or advancer isreleaseably coupled to an implant that may be compressed within thecannula along one or more axes. In one embodiment, the guide or advanceris axially moveable within the cannula and can rotate depending on theimplant used or implantation site selected. The cannula functions as aguide for the axial reciprocal movement the advancer. As such, in oneembodiment, the cannula can, therefore, be provided in the form of anelongate tube having a central lumen for receiving advancertherethrough. Alternatively, the cannula can comprise a nontubularstructure or simply a sleeve or partial restraining member in anembodiment in which the advancer travels concentrically over oralongside it.

In one embodiment, a substantially rectangular implant is provided. Inseveral embodiments, the implant is a mesh comprised of nitinol, steel,or polymer, or a combination thereof. In other embodiment, the implantcomprises a seeded or unseeded tissue scaffold, such as collagen orsmall intestine sub mucosa, and the like.

In one embodiment, the implant can be folded across its long axis,connected to the advancer, and inserted within the sleeve at the distalend of the delivery device. If the fold created along the short axis islarger that the sleeve diameter then one or more slots can be formed atthe tip of the sleeve to accept the implant. Alternatively, the implantcan be compressed along the second or short axis of the implant so thatboth dimensions are held compressed within the sleeve. One of skill inthe art will understand the implant, if needed, can be compressed alongany axis in accordance with several embodiments of the invention.Compressing the implant (or medical device), as used herein, shall begiven its ordinary meaning and shall also include folding, deflating,compacting, compressing and condensing the implant or medical device.

In one embodiment, in use, the distal end of the sleeve is inserted intothe desired organ or tissue structure, such as an intervertebral disc.The implant is loaded into the sleeve such that the fold is at or nearthe distal end of the sleeve. Depending on the shape of the insertionsite (e.g., a rectangular anulotomy), and its orientation (vertical orhorizontal), the implant or advancer can be rotated in order to passthrough the aperture regardless of the desired implantation orientation.Accordingly, devices according to one or more embodiments of theinvention can cause the implant to rotate between around 5 and 150degrees and preferably between around 60 and 120 degrees. In oneembodiment, at least a portion of the delivery device is rotatedclockwise or counterclockwise in the range of between about 2 to 170degrees, preferably between about 50 to 140 degrees, more preferablyabout 80 to 120 degrees, thereby enabling rotation of the implant. Inone embodiment, the device or the implant is rotated about 90 degrees.

In one embodiment, as the sleeve loaded with the compressed implant isinserted medially into the disc, the surgeon may stop inserting when theedges of the folded-over implant pass beyond the corresponding tissuesurface against which implantation is desired. In this example, thesurgeon would stop after passing the anulus or the outer and more narrowgap between the periphery of the adjacent vertebral endplates.Thereafter, the implant can be rotated about an axis perpendicular tothe insertion axis to correspond to the desired insertion orientation.Next, the sleeve is retracted relative to the advancer to reveal thefolded (and now unrestrained or actively compressed) implant. Dependingon the orientation of the implant within the sleeve (after the rotationstep), the implant will expand inferiorly and superiorly with respect tothe endplates or laterally to the left and right along the anulus. Inone embodiment, as the implant unfolds due to its inherent resilience,or by a force imparted by the coupling member or cannula, or by activemanipulation by the physician, the advancer is then retracted such thatthe folded part of the implant is pulled posteriorly in the direction ofthe posterior anulus and the sides or extensions of the implant advancelaterally or travel along the anulus surface. When the action of theadvancer causes the implant to be fully retracted flat along the tissuesurface or is otherwise in its fully expanded position then the surgeonmay detach the implant from the advancer.

One of ordinary skill in the art will understand the kinematics, order,relative position, and orientation of the implant, sleeve, and advancercan be reversed or altered to achieve similar or equivalent results fora given implantation according to several embodiments to the invention.For example, in one embodiment, the advancer can be used to extrude theimplant out from the sleeve. In another embodiment, the sleeve can beretracted relative to the advancer. In a further embodiment, theadvancer can be retracted to pull the implant posteriorly and along theposterior anulus or alternatively, the whole device (including thesleeve or cannula and advancer) can be pulled back. Both the advancerand the sleeve independently or the device itself can be used to rotatethe implant. In one embodiment, at least a potion of the device remainsstationary while one or more of its elements are manipulated. In anotherembodiment the delivery device is simplified with the use of aconstraining member used in place of the sleeve to hold the implant in acompressed state at the distal end of the advancer. For example asuture, clamp, ring, band, pincher, or an adhesive could be used toconstrain the implant and then the advancer could still server toadvance the implant within the disc and rotate it into position.

In several embodiments, parts of the device can serve different purposesduring steps of the implantation. In one embodiment, the sleeve canconstrain and then release the folded or compressed implant and later,when the implant is released and in a slightly expanded state (largerthat the profile of the cannula opening or tip), the cannula can beadvanced (or the advancer can be retracted) such that the cannula orsleeve tip contacts the inside surface of the folded sides of theimplant and forces them to open. Accordingly, in one embodiment, theretracting step involving posterior movement of the midsection of theimplant and lateral movement of the sides of the implant along theanulus surface caused by the opposing force of the anulus causinglateral deflection may be unnecessary since the opposing andsynchronized action and relative motion of the advancer and cannula tipeffectively act like a lever and fulcrum to open, expand or unfold theimplant. In one embodiment, the connector at the fold or hinge of theimplant acts like a fulcrum and the distal tips of the cannula act likelevers to push the fold flat and open the implant. This alternative orcomplimentary step or method of opening may be particularly useful inexpanding the implant proximal to a large defect of weakened portion ofthe anulus since such tissue might not offer a solid deflection surfacefor the opposing ends of the implant to advance along.

FIGS. 2A-2D show one embodiment of the invention. A delivery device 10is shown having an elongate cannula having a proximal end 1 and distalend 2. The cannula 15 has a distal end tip 20 or ends 20, 20′ formed bya slot 21 cut into its distal end 2 for accepting and constraining acompressed implant 100. Also shown are the cannula finger handles 5, 5′,advancer 30, advancer ring handle 25 at the proximal end 1 andimplant/advancer coupling member 35 at the distal end 2 of the device.

In one embodiment, a coupling member 35 is used. The coupling member 35is any device or mechanism that is capable of attaching or connectingthe implant in reversible manner. Coupling members include, but are notlimited to, sutures, snaps, locks, lynch pins or the like, levers andslots, or any active or passive linking mechanism known in the art thatwould permit a surgeon to disengage the implant at the desired point ofthe procedure. In one embodiment, one or more coupling members are used.In one embodiment, two coupling members are used to connect the implant.

In one embodiment, the device 10 is designed to be operated by one hand,e.g., utilizing the thumb, index, and ring fingers to position thedevice 10 and advance and retract the advancer 30. However, one skilledin the art will understand that any of a variety of proximal handpiecescan alternatively be used, including, but not limited to, triggers,slider switches, rotatable knobs or other actuators to advance andretract the advancer 30.

In one embodiment, the delivery device 10 can be manufactured inaccordance with any of a variety of techniques well known in the medicaldevice arts. In one embodiment, the cannula 15 comprises a metal tubesuch as stainless steel or other medical grade metal. Alternatively, thedevice 10 can comprise a polymeric extrusion, such as high densitypolyethylene, PTFE, PEEK, PEBAX, or others well known in the medicaldevice arts.

In a preferred embodiment, the axial length of the delivery device 10 issufficient to reach the desired treatment site from a percutaneous orsmall incision access through the skin. In one embodiment, the length ofthe delivery device 10 is within the range of about 10 centimeters toabout 30 centimeters with a length from a proximal end to distal endwithin the range of about 10 to about 20 centimeters contemplated formost posterior lateral access pathways. The length can be varieddepending upon the intended access pathway and patient size.

In one embodiment, the outside diameter of the delivery device 10, andthe distal end of the cannula 15, is no greater than necessary toaccomplish the intended functions disclosed herein. In one embodiment,outside diameters of less than about one centimeter are preferred. Inpreferred embodiments of the present invention, the cannula 15 has anoutside diameter of no greater than approximately 5 millimeters.

An exemplary embodiment having additional features is presented in FIGS.3A-3E. FIG. 3A is an isometric view of an implant delivery device 200having a proximal end 1 for manipulating by a surgeon and a distal endfor inserting with a patient. In one embodiment, an implant advancer orguide 130 having a handle 125 located at the proximal end 1 of thedevice 200 and an implant coupling member 135 extending to the distalend 2 of the device 220 is provided. The advancer 130 is slideablyhoused within a cannula 115 which has a cannula handle 105 forpositioning and controlling the cannula.

The device, in one embodiment, also includes a distal depth stop 150feature that provides a limit and guide to the anterior/posteriorpositioning of the implant during implantation and in the finalpositioning of the implant. The depth stop 150 and 150′ is carried bythe cannula 115 and can be adjusted to rest along certain points of itslength by manipulating the depth stop adjustment member 155 and holdingthe depth stop handle 160. A calibrated measuring surface 156 can beetched onto to the cannula or attached separately to the cannula as asleeve to display depth correlations. Alternatively, non adjustabledepth stops in a variety of lengths can be included as a kit and theprecise depth stop for a given procedure can be selected preoperatively.In one embodiment, the depth stop 150 can be coupled to the cannula suchthat free rotation of the cannula 115 and advancer 130 are possiblewhile maintaining the desired depth of the distal tip of the device.

In a further embodiment, to assist opening or expanding the implant, animplant expander 170 having a wedge surface(s) 175, 175′ at its distalend an expander handle 140 attached at its proximal end is carriedwithin the cannula 115 and over or along each side of the advancer 130.One or more expanders can be coupled to the cannula or the advancer. Inone embodiment, a separate instrument comprising one or more expandersat its distal end is passed through the cannula.

In FIG. 3B, a delivery device according to one embodiment of theinvention is shown loaded with a compressed implant 100 at the distalend 2 of the device 200. As shown, in one embodiment, the rectangularimplant 100 is folded over itself across its longs axis and fittedwithin a slot of the cannula formed by the slotted ends of the cannula120 and 120′. In an alternative embodiment, the cannula could bestraight (e.g., no slot formation) and the implant could also becompressed along its second or short axis. FIG. 3C shows the devicecoupled to an expanded or unfolded implant 100.

FIG. 3D shows an enlarged isometric view of the distal end of the device200 loaded with an implant 100 between slotted end tips or tongs 120,120′ of the cannula 115. The opposing distal ends of the depth stop 150,150′ are shown as forked protrusions adjacent the cannula 115. In oneembodiment, two depth stops are provided. In another embodiment, one ormore depth stops are provided. In an alternative embodiment, an entirecircumferential stop surface can be used.

FIG. 3E shows the cross-section of the distal end of the device 200including the expanders 175, 175′ and implant/advancer coupling member135. In one embodiment, the coupling member is a flexible “T-bar”attached lengthwise to the advancer 130 and fits into slots in theimplant surface (not shown). Alternatively, active and passive couplingmeans described above can also be used. In one embodiment, when theexpanded implant is retracted against the tip of the cannula 120 and/orthe anulus surface (which is shown oversized in comparison to the mouthof the cannula or insertion site), further retraction of the advancer orthe device its causes the coupling member to slip out of the slots (notshown) in the implant. Also shown are radio opaque indicators 150, 150′coupled to the depth stop 150, 150′ which can be used in determiningdevice placement during radiographic imaging. For example, portions ofthe device can be aligned with anatomical structures or the handles orother projections of the device can be oriented to correspond to theimplants orientation. One or more radio opaque markers can be used inone embodiment of the invention. One of skill in the art will understandthat other indicators or markers can also be used. Turning to FIGS. 4Aand 4B, a side view of a functional spinal unit is shown with a defect300 in the anulus 310 (see e.g., FIGS. 1A-1C for vertebral anatomy) andthe device 200 inserted in the defect. In one embodiment, a posteriorlateral approach that can involve a laminotomy or modification of theposterior elements of the adjacent vertebral bodies is used. In afurther embodiment, other approaches can be used, including, but notlimited to, anterior (e.g., through the abdomen or neck), lateral (e.g.,transpsoas), or inferior (e.g., trans-sacral) approaches.

The series presented in FIGS. 5A through 5G depict a sequence fordelivering a generally elongate rectangular mesh implant according to anembodiment of the method. The defect 300 or box or slit anulotomy isrectangular in shape having a lateral (or width) dimension greater thanits vertical dimension. Moreover, the vertical dimension may also belimited by the relative location of the endplates at the time ofprocedure limiting the height of a deliverable implant. In oneembodiment, the implant 200 is oversized to cover the defect 300 and tofunction as a barrier situated against the anulus 310 along itsinnermost lamella.

FIG. 5A is an axial view of a cross-section of the disc showing theimplant 100 folded along its long axis and connected to the advancer 130(not shown) and inserted within the distal end tips or tongs 120 of thecannula 115. Here, the fold created along the short axis is larger thatthe cannula 115 diameter so a slot is formed at the tip of the cannula115 formed by opposing tips 120, (120′ not shown). This arrangementpermits the distal end of the device 2 loaded with the implant to beadvanced within and then beyond the defect 300 and the anulus 310 asshown in FIG. 5B. Here the depth stop 150, 150′, 150″ is shown as threeprotrusions though more or less can be used. In this deliveryapplication, portions of the depth stop 150 can be placed against theanulus or one or both of the adjacent vertebral bodies. In otherembodiments, the depth stop 150 can be placed on, abut or engage theexterior of an organ, such as the heart, a bone such as cranium, femur,or vertebral body. In one embodiment, the implant is designed to have apreferred region of final placement in terms of its positioning towardthe anterior or posterior of the disc (anterior being defined as thedirection toward the front of the patient and posterior being defined asthe direction toward the back of the patient) in front of the defect.The surgeon may also want to place the implant and have the deliverydevice provide a limit or guide to the distance toward the anterior ofthe disc in order to prevent damage to the anterior anulus or damage toanatomy anterior of the disc such as the aorta. Similarly, the surgeonmay want to place the implant in a position that is not too farposterior within the disc to prevent damage to the posterior anulus oranatomy posterior to the disc such as the spinal cord and its dura materor the posterior longitudinal ligament.

FIG. 5C shows the next step in the aforementioned method wherein thecannula 115 is rotated 90 degrees (after clearing the anulus). FIG. 5Dshows the implant already unfolding or otherwise changing its transverseprofile. In one embodiment, as shown, the gap between the opposing endsof the implant 100 is increasing as is the angle of the fold created atthe implant/advancer coupling member 135. As discussed earlier thisinitial unfolding can be the product of a variety of factors includingthe inherent resiliency of the implant 100 or the coupling member 135.

FIG. 5E shows the advancement of wedge-tipped expanders 175 which canaid or replace the initial unfolding step described above. The expanders175, in one embodiment, are wedge-tipped. In other embodiments, theexpanders can be shaped in any form that permit sufficient contact withthe implant to lever it open or otherwise reconfigure it, including butnot limited to flat or rounded shapes. Additionally, other embodimentsmay include expanders comprising balloons, springs, elastic members, ormechanical linkages adapted to expand or reconfigure the implant

FIG. 5F shows the advancement of the cannula tip 120, 120′ to assist theexpanders in opening the implant 100. In one embodiment, advancer 130,expander 175, and implant 100 can be retracted against the distal end ofcannula 120 and implant 100. Force between cannula tip 120 and implant100 acts to expand implant 100 while minimizing forces between implant100 and the anular wall. This retraction of implant 100, advancer 130,and expander 175 can be done at a different rates or snychronized or todifferent extents relative to the retraction of cannula 120 to generatethis force and/or open implant 100 to a greater or lesser extent duringretraction of implant 100. In one embodiment, this opening step isparticularly advantageous in instances where the tissue surface uponwhich the implant is to be positioned in weakened and would otherwiseprovide a poor deflection surface or if the defect is large such aswould allow the implant to be pulled back through the defect instead.

FIG. 5G show the final steps of delivery, in one embodiment, wherein theimplant 100 is pulled towards the posterior of the anulus 310 as theends of the implant 100 are deflected and advanced laterally along itsinner surface. This posterior travel can be caused when the advancer130, cannula 120, and expander 175 are retracted in unison. At thispoint the coupling member 135 is disengaged from the implant 100 and thedevice is removed from the patient. Note that, in one embodiment thatsubstantially throughout the procedure the depth stop 150 maintainsrelative position so that the surgeon is certain of the placement of thedevice along the anulus surface. The retraction of the various elementsof the system can be coordinated relative to depth stop 150 to minimizeforces on surrounding tissues or optimize expansion or position ofimplant 100 relative to defect 300. FIG. 6 shows a fully implanteddevice 100 (this implant being sized to cover the entire posterioranulus) and the blocked-off defect 300.

In several embodiments, relatively simple rectangular meshes or patchesare provided for implantation. In other embodiments, more complexdevices can be used, including, but not limited to stents, grafts,arterial septal defect closure devices and the like. FIG. 7A shows anelongated implant 700 with two vertical extensions 702, 704 that can beoriented, folded, and expanded according to the teachings of variousembodiments of the invention. FIG. 7B shows an implant with lateralextensions 702, 704′ as might be used to cover the posterior and lateralwalls of an anulus. FIG. 7C shows the implant 700 exhibiting multiplefolds along its long axis to compress its delivery profile. Finally,FIG. 7D presents a concave elongate member that has lateral extensions702, 704′ and midline lateral extensions 706, 706′. This design alsopermits folding and compression along one or more axes and can bedelivered according to the teachings herein.

As part of an implantation procedure according to one embodiment of theinvention, active and passive systems can be incorporated into thedelivery devices or the implants to aid the in preparation of thedelivery site or in manipulating the implant. For instance, in oneembodiment, a gas, liquid and/or solid component can be added to theimplant during positioning or after positioning to further reshape theimplant or adjust its size. In some embodiments, the implant comprisesone or more pharmaceutical agents. The pharmaceutical agent canfacilitate pain reduction or inhibition of scarring, and can includegenetically active growth or healing factors. In a further embodiment,lubrication is provided to reduce friction as the implant exits thedelivery device. One or more pharmaceutical agents can also be providedby or through the cannula or advancer. In yet another embodiment,materials that aid in the visualization of the implant are provided,including, but not limited to, material for radio opaque locationthrough a radiograph. Visual markers can be located on the implantand/or the delivery device.

In one embodiment, the implant can be anchored to adjacent or nearbytissue and an anchoring mechanism, such as a stapler, can beincorporated into the delivery device. In another embodiment, amechanism for activating an anchoring mechanism can be contained withinthe implant itself. Heat, energy delivery from the electromagneticspectrum, or the removal of heat (chilling or freezing) can be employedbefore, after or during the implant deployment to aid in positioning,function of the implant, or related disc or spine treatments such as thevaporization of unwanted tissue, the deadening of pain receptors, andthe removal of bone or scar tissue. In one embodiment, means foradjusting the temperature of surrounding tissue is coupled to orintegral with the delivery device. In another embodiment, means foradjusting temperature is an instrument that is separate from thedelivery device.

In some embodiments, a delivery device comprises one or more axiallyextending lumens, for placing the proximal end of the device in fluidcommunication with the distal end, for any of a variety of purposes. Forexample, one or more lumens can extend through the advancer 130.Alternatively or in addition, the outside diameter the advancer can bedimensioned smaller than the inside diameter of the delivery cannula 115to create an annular space as is well understood in the catheter arts. Afirst lumen can be utilized for introduction of radiopaque dye tofacilitate visualization of the progress of the implant 100 and ordistal end 2 of the device 200 during the procedure. The first lumen orsecond lumen can be utilized to introduce any of a variety of media. Inone embodiment, one or more lumens are used to deliver saline solution.In another embodiment, one or more lumens are used to deliverpharmaceutical agents, including but not limited to, anti-inflammatoryagents, steroids, growth factors (such as TNf-α antagonists),antibiotics, vasodilators, vasoconstrictors, and functional proteins andenzymes (such as chymopapain). In one embodiment, one or more lumens isused to aspirate material, such as biological fluids or nucleuspulposus. In another embodiment, one or more lumens is used to introducenucleus augmentation material, or other biological or biocompatiblematerial, before, during or at the end of the procedure. In severalembodiments, one or more lumens are used to deliver fluid, or othermaterial, to a site to aid in heating or cooling the site tissue.

While this invention has been particularly shown and described withreferences to preferred embodiments thereof, it will be understood bythose skilled in the art that various changes in form and details may bemade therein without departing from the scope of the inventionencompassed by the appended claims. In addition, one of skill in the artwill understand that the steps recited in some embodiments need not beperformed sequentially or in the order disclosed.

1. A device for delivering and positioning an implant within anintervertebral disc comprising: a cannula having a proximal end and adistal end, wherein said distal end comprises one or more expandersoperable to actively expand an implant positioned beyond the innermostlamella of a disc anulus; wherein the implant comprises a deviceselected from the group consisting of one or more of the following: abarrier, mesh, or patch; and an advancer having a proximal end and adistal end, wherein said advancer is at least partially slideably housedwithin said cannula for advancing said implant out of said cannulawherein the distal end of said advancer comprises a coupling mechanism,wherein at least a portion of said coupling mechanism is coupled to theadvancer and wherein at least a portion of said coupling mechanism iscoupled to the implant, wherein the implant is provided in a foldedconfiguration; wherein the implant expands to a first partially expandedconfiguration upon extrusion through the cannula, wherein said implantremains in its first partially expanded configuration until it is forcedopen to a second frilly expanded configuration; and wherein said one ormore expanders applies an active force on the implant to cause saidimplant to unfold from its first partially expanded configuration intosaid second fully expanded configuration.
 2. The device of claim 1,further comprising an adjustable depth stop for limiting or guiding thetravel within the intervertebral disc.
 3. The device of claim 2, whereinthe depth stop is rotatably coupled to the cannula thereby allowing itto rotate while the depth of the cannula is maintained.
 4. The device ofclaim 1, wherein said coupling mechanism is selected from the groupconsisting of one or more of the following: snaps, locks, lynch pins orthe like, levers and slots.
 5. The device of claim 1, wherein saiddevice comprises an actuator for advancing or retracting the advancer.6. The device of claim 5, wherein said actuator is selected from thegroup consisting of one or more of the following: triggers, sliderswitches, rotatable knobs or other actuators to advance and retract theadvancer.
 7. The device of claim 1, wherein said cannula is constructedof a material selected from the group consisting of one or more of thefollowing: stainless steel, polyethylene, PTFE, PEEK, and PEBAX.
 8. Thedevice of claim 1, wherein said device has a length in the range ofbetween about 10 centimeters to about 30 centimeters.
 9. The device ofclaim 1, wherein said cannula has an outside diameter of less than about5 mm.
 10. The device of claim 1, wherein said cannula comprises acannula handle for positioning and controlling the cannula.
 11. Thedevice of claim 1, wherein said cannula comprises a calibrated measuringsurface to display depth correlations.
 12. The device of claim 1,wherein said mesh is at least partially constructed of nitinol, steel,or a polymer.
 13. The device of claim 1, wherein said implant comprisesa seeded or unseeded tissue scaffold.
 14. The device of claim 1, whereinthe device for delivering and positioning an implant is adapted todeliver the implant through an opening in the disc.
 15. The device ofclaim 14, wherein the implant comprises at least one dimension that islarger than the opening.
 16. The device of claim 1, further comprisingan anchor configured to fix the implant to the intervertebral disc.